[Foundation-l] Commons and The Year of the Picture

Sam Johnston samj at samj.net
Wed Jan 28 12:32:54 UTC 2009

On Wed, Jan 28, 2009 at 1:21 PM, Andrew Gray <andrew.gray at dunelm.org.uk>wrote:

> 2009/1/28 Sam Johnston <samj at samj.net>:
> >> Material in the public domain or under a fully free licence does not
> >> require any kind of fair use consideration.
> >
> > I'm not talking about genuinely free material, I'm talking about
> protected
> > (copyrighted/trademarked) material being uploaded by others - for example
> a
> > periodic table of elements or medical charts which would normally be
> subject
> > to deletion (except that they are currently immediately available for
> > sale!).
> I'm a little confused - surely we would delete this stuff whether or
> not there's a "buy a print now" clickthrough button? I can't see
> anyone arguing to keep it because they want to run off a poster...
> (and to a degree this is rendered moot by that helpful "lowest useful
> resolution" requirement of the unfree material rules)

1. Upload high-resolution copyrighted image littered with trademarks as
anonymous user.
2. Immediately order poster of said image.
3. File against WMF, its chapter(s) and the printer for good measure
claiming [RI|MP]AA sized damages for copyright and trademark infringement,
submitting said poster(s) and invoice(s) as evidence.
4. ???
5. Profit!

Note that these steps need not necessarily be completed by the same parties.
I'm not sure that the courts would have much leeway here (as they might were
the image not used commercially as was the case before this function was


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